2024 (5) TMI 1460

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....(C) 8079/2024 CM APPL. 33298/2024 ( Ex.) & CM APPL. 33299/2024 ( Ex.) in W.P.(C) 8083/2024 Allowed, subject to all just exceptions. Applications stand disposed of. W.P.(C) 8079/2024 & CM APPL. 33287/2024 (Stay) W.P.(C) 8083/2024 & CM APPL. 33297/2024 (Stay) 1. These two writ petitions impugn the reassessment action for Assessment Year ["AY"] 2017-18 [W.P(C) 8079/2024] and AY 2020- 21 [W.P(C) 8083/2024] that has been initiated against the petitioner assessee and the final notices issued under Section 148 of the Income Tax Act, 1961 ["Act"] which have come to be issued post disposal of the objections which were preferred and an order under Section 148A(d) framed. 2. We note that the principal dispute appears to be in respect of cer....

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....escaped assessment which needs to be assessed u/s 148 of the Income Tax Act, 1961. Sr. No. Total Receipts Receipts from Earth Justice % receipts from Earth Justice 1 1,76,67,025/- 1,58,90,241/-  89.94% 2 Total Expenses Proportionate Expenses corresponding to Earth Justice     95,01,680/- 85,46,090/-   6. Conclusion: 6.1 As discussed above, funds made available by 'Earth Justice' are apparently being used for activities such as litigation against coal power plants in India routed through Shri Ritwick Dutta, Managing Trustee of the trust LIFE in the garb of professional fee, for activities which cannot be considered to be professional service rendered by Shri Ritwick Dutta to 'Earth ....

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....ome had already been offered to tax, there could be no allegation of escapement. Mr. Jolly had also invited our attention to an interim order which has been passed inter partes on 01 June 2023 and more particularly on W.P.(C) 8052/2023. 6. Having heard learned counsels for parties, we find no justification to entertain the challenge at this stage bearing in mind the conclusions which stand incorporated in the order passed under Section 148A(d) and which have been extracted hereinabove. 7. Quite apart from the issue of Section 68 which may arise, we are concerned with the allegation of diversion of income. We also bear in mind that at the stage of initiation of action for reassessment, the writ court would only consider whether the Assessi....